Chapter 5 - Police Department

Chapter 5 - Police Department

ARTICLE 1 - Organization and Regulations

 

5.0101 Establishment

The police department heretofore created for the City of Lakota and by this chapter continued shall consist of the Chief of Police and as many police officers as may be authorized by the governing body.

5.0102 Additional Officers - Emergency

In case of riot or unusual or general disturbances of the peace, the chief of police shall have power to appoint such other and additional peace officers as he may deem necessary for the preservation of the public peace.

5.0103 Duties of Chief

The chief of police shall keep such records and make such reports concerning the activities of his department as may be required by statute or by the governing body.  The chief shall be responsible for the performance by the police department of its functions, and all persons who are members of the police department shall serve subject to the orders of the chief of police.

5.0104 Duties of Police

It shall be the duty of the police department, and each and every member of the police force, to notice and diligently inquire into and report to the chief of police all violations of the city ordinances, violations of the criminal laws of the state and breaches of the peace, and to make complaint against the person or persons guilty thereof, and to attend punctually on all trials of offenses in regard to which complaint has been made by any police officer.

5.0105 Rules and Regulations

The chief of the police department may make or prescribe such rules and regulations as he shall deem advisable; such rules, when approved by the governing body, shall be binding on such members.  Such rules and regulations may cover, besides the conduct of the members, uniforms and equipment to be worn or carried, hours of service, vacations, and all other similar matters necessary or desirable for the better efficiency of the department.

5.0106 Special Police

At the request of any corporation, firm or person, the chief of police may appoint one or more special police officers to duty for such corporation, firm, or person which special police officers shall have all the authority now, or which may be hereafter conferred by law upon police officers, and may make arrangements that such special police officers shall be paid by the corporation, firm or person requesting the same, and covered by their Worker's Compensation coverage in which case such special police responsible for their negligent or unauthorized acts, this being the responsibility of the firm, person or corporation requesting their appointment.

ARTICLE 2 - POWERS AND DUTIES

5.0201 Money or Property of Arrested Persons

When money or other property is taken from a defendant arrested upon a charge of a public offense, the police officer taking it at the time shall give duplicate receipts therefor, specifying particularly the amount of the money, or the kind of property taken, one of which receipts he shall deliver to the defendant, and the other of which with the property he shall file at once with the clerk of the court to which the complaint and other papers in the case by law are required to be sent, pursuant to Section 29-01-25, NDCC. 

5.0202 Arrested Persons

Any police officer after making any arrest, with or without a warrant, for any violation of city ordinances, shall, if the person or persons cannot post bond, take the person or persons so arrested, without any unreasonable delay, before the District Court Judge, to be dealt with according to law and the ordinances of the city.

5.0203 Stolen, Abandoned, Lost Property

The chief of police shall have the custody of all lost, abandoned or stolen property recovered in the city.

ARTICLE 3 - MISCELLANEOUS

5.0301 False Alarms - Interference

No person shall give or cause to be given, or make, or place or cause to be given, any false report, call, or communication of any kind to the police, or any false police alarm with intent to deceive; or tamper with or set off any police alarm or signal box with like intent; or tamper, meddle, or interfere with any such police alarm box; or intentionally cut, break, deface or remove any such box, or any of the wires or supports thereof, connected with the police alarm system; or intentionally interfere with or injure any property of any kind belonging to or used by the police department; or hinder or delay any apparatus or equipment or vehicle belonging to the police department.

5.0302 Right of Way

Any motor vehicle or motorcycle of the police department shall, when going to or returning on business of the department, have the right-of-way upon giving an audible signal by bell, siren, exhaust whistle, or red flashing light.  The driver of any other vehicle shall drive to the nearest right-hand curb or edge of the road, stop and remain until the police vehicle shall have passed.  This section does not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.